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Bensusan v. County of Kern

July 7, 2009

JOSEPH A. BENSUSAN, PLAINTIFFS,
v.
COUNTY OF KERN, KERN COUNTY SHERIFF'S DEPARTMENT, FORMER SHERIFF MACK WIMBISH; DETENTION OFFICER D. LINDINI, DETENTION OFFICER R. FOWLER; DETENTION OFFICER M. ADAME, DETENTION OFFICER T. WRIGHT, SENIOR DETENTION DEPUTY D. MOORE, AND DOES 1 TO 100, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Honorable Oliver W. Wanger U.S. District Judge

STIPULATION TO CONTINUE TRIAL AND RELATED DATES; ORDER; DECLARATION OF OLIVER U. ROBINSON; DECLARATION OF M. SCOTT FONTES TRIAL March 10, 2010 TIME 9:00 a.m. CTRM Dept. "3" NEW TRIAL: August 10, 2010 NEW TIME 9:00 a.m. CTRM Dept. "3" FILED COMPLAINT: 03-06-2007

COME NOW, the parties to this litigation, by and through their respective attorneys of record, and hereby stipulate and agree to continue the present trial date of March 10, 2010 to August 10, 2010, and to continue the related dates. The parties respectfully request that the Court execute the Order for the same.

As set forth below, and in the declarations of Oliver U. Robinson and M. Scott Fontes, which are attached hereto, good cause exists for the requested continuance as a result of the following:

Defendants Daniel Lindini and Roxanne Fowler are also defendants in a pending criminal trial regarding an inmate death where they face charges of second degree murder and assault by a public officer. The criminal action has been continued several times and is currently scheduled for trial on or about September 8, 2009 in the Kern County Superior Court, case no. BF112789A. Lindini and Fowler will not submit to a deposition in this case until after the completion of the criminal matter in order to preserve their Fifth Amendment right to prevent self-incrimination. A continuance of this matter to a date after the criminal case will permit the parties herein to complete the depositions of these two defendants, and will protect the defendants' constitutional rights, and will allow all parties herein to complete discovery for the purpose of facilitating settlement negotiations and providing all parties with a fair trial, if necessary

As such, through their respective counsel, all parties to this matter, stipulate to continue the trial and associated dates.

IT IS HEREBY STIPULATED that the trial date in this matter be continued from March 10, 2010 to August 10, 2010, or an alternative date convenient with the court.

IT IS FURTHER STIPULATED that the expert and non expert discovery cut-off dates, pretrial conference, dispositive and non dispositive pre-trial motion filing and hearing dates be continued to reflect the continuance of the trial date as follows: Proposed Date Present Date 8/10/10 Trial 3/10/10 6/7/10 Pre-Trial Conference 1/11/10 3/3/10 Settlement Conference 10/08/09 4/12/10 Hearing Dispositive Pre-trial Motions 11/16/09 3/12/10 Filing Dispositive Pre-trial Motions 10/16/09 4/5/10 Hearing Non-dispositive Pre-trial Motions 11/9/09 3/5/10 Filing Non-dispositive Pre-trial Motions 10/9/09 2/19/10 Expert Discovery Cut-off 9/18/09 1/29/10 Supplemental Expert Disclosure 8/28/09 12/28/09 Expert Disclosure 7/31/09 12/28/09 Discovery Cut-off Non-expert 7/31/09

IT IS FURTHER STIPULATED that this stipulation may be signed in counterparts.

ORDER

For good cause shown:

IT IS HEREBY ORDERED that the scheduled dates in this matter be continued as follows: Trial -- August 10, 2010 at 9:00 AM; Pre-Trial Conference -- June 7, 2010 at 11:00 AM; Settlement Conference -- March 3, 2010 at 10:30 AM; Hearing Dispositive Pre-Trial Motions -- April 12, 2010; Filing Dispositive Pre-Trial Motions -- March 12, 2010; Hearing Non-Dispositive Pre-Trial Motions -- April 5, 2010; Filing Non-Dispositive Pre-Trial Motions -- March 5, 2010; Expert Discovery Cut-Off -- February 19, 2010; Supplemental Expert Disclosure -- January 29, 2010; Expert Disclosure -- December 28, 2009; Discovery Cut-Off Non-Expert -- December 28, 2009.

NO FURTHER CONTINUANCES WILL BE GRANTED.

IN SUPPORT OF STIPULATION TO CONTINUE TRIAL AND ...


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